yudan
336 occurrences across the corpus
The Jerusalem Talmud
It is written, let us go and argue, says the Eternal, etc. It was stated, Rebbi Eliezer said, If your sins were like years, etc., like the years from Heaven to Earth, they will be snow white; more than that, they shall be like wool. Rebbi Joshua said, if your sins were like years, like the years of the patriarchs, they will be snow white; more than that, they shall be like wool. Rebbi Yudan bar Pazi said, If your sins were like years they will be snow white, the first time, if they were like purple they shall be like wool, the second time. But the rabbis said, If the sins of a person are like his years, they will be snow white; more than that, they shall be like wool. Rebbi Yudan Antordiyya said, at a time when a person’s sins are light, they will be snow white; at a time when they are serious, they shall be like wool.
“A living person on a bier is not liable even for the bier,” for the living carries himself. “A dead person on a bier is liable,” the opinion of everybody? Was it not stated, also bad smell in the most minute amount? Rebbi Ila said, also Rebbi Simeon agrees to this. Rebbi Simeon also agrees in cases of prohibitions of usufruct. Rebbi Yudan said, explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog. It was stated: For half the volume of an olive of a corpse and half the volume of an olive of a carcass and less than the volume of a lentil of a crawling animal one is liable, but Rebbi Simeon declares not liable. What is Rebbi Simeon’s reason? The impurity already is eliminated. What is the rabbis’ reason? Following Rebbi Yudan explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog.
“A living person on a bier is not liable even for the bier,” for the living carries himself. “A dead person on a bier is liable,” the opinion of everybody? Was it not stated, also bad smell in the most minute amount? Rebbi Ila said, also Rebbi Simeon agrees to this. Rebbi Simeon also agrees in cases of prohibitions of usufruct. Rebbi Yudan said, explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog. It was stated: For half the volume of an olive of a corpse and half the volume of an olive of a carcass and less than the volume of a lentil of a crawling animal one is liable, but Rebbi Simeon declares not liable. What is Rebbi Simeon’s reason? The impurity already is eliminated. What is the rabbis’ reason? Following Rebbi Yudan explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog.
“The enclosure of a cistern or a rock high ten [hand-breadths] and wide four [hand-breadths].” Where do we hold? If ten high (and four wide, it is a domain by itself. Ten high) but not four wide, that is what Rav Ḥisda said in the name of Issi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways; on condition that he not exchange. But we must deal with the case that it is neither four wide nor ten high. But did not Ḥiyya, the son of Rav, say, anything which hinders access in the public domain is called karmelit? Rebbi Yudan said, what Ḥiyya, the son of Rav, said refers to the middle, but on the side the public domain invalidates it.
It was stated: “Rebbi Simai said, one who assembles a curved horn is liable, with a straight horn he is not liable. Rebbi Eleazar ben Rebbi Simeon said, for the arms of a candelabra he is liable; for a hunter’s (whitewasher’s) rod he is not liable.” Why is he liable for the arms of a candelabra? Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥuna both say, because of building. Why is he not liable for a hunter’s rod? Because it is from top to bottom. They objected, does not one who digs in the dunes work from top to bottom, and you are saying that he is liable? Rebbi Samuel bar Yudan said, here temporarily, there permanent.
He shall write, not engrave. And he shall write, not dropping points. He shall write, not pouring. He shall write, not engrave; some Tannaïm state, he even may engrave. Rab Ḥisda said, he who says not to engrave, if the writing stands out as on a denar. He who says even to engrave, as on a writing tablet. And he shall write, not dropping points; Rebbi Yudan ben Rebbi Shalom and Rebbi Mattaniah: One said, if he did not connect the points; the other said, even if he connected the points. And he shall write, not pouring. Rebbi Ḥiyya bar Abba said, those Orientals are very sophisticated. If one of them wants to write a secret letter to another, he writes with juice of gall-nuts. The recipient pours ink without gall over it, which is absorbed at the place of writing. If one did that on the Sabbath, what? Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, only if he wrote ink on ink and vermilion on vermilion. But if he wrote ink on vermilion or vermilion on ink, he is liable. Rebbi Isaac bar Mesharshia in the name of the rabbis there: He is liable twice, for erasing and for writing.
“One may slaughter from containers, one may not slaughter from fishermen’s nets or from traps.” Rebbi Yose bar Abun in the name of Rebbi Immi: a net of warp. Samuel [said], one may catch with a barrel. Rav said, the sluice of a water canal is permitted. Rebbi Yudan said, those between the plates.
The bugle, he blows a third time on the roof and puts it down at that spot. Is it not a implement? Rebbi Yudan said, they formulated before implements were permitted.
HALAKHAH: In the House of Rebbi Yannai they said, a stick which he prepared in order to check the olives. How did he know? If it was dirtied by fluid it was proof that the work of loading was completed; otherwise it was proof that the work of loading was not completed. Rebbi Mana said to him, Samuel only stated that he was fishing out olives with it. A stick which one prepared to close the window, should we say that he closes with it if it was tied and hanging, otherwise he may not close with it? “Rabban Simeon ben Gamliel says, if it is prepared even if it is neither tied nor hanging.” Did not Rebbi Joḥanan say, Ḥilfai pulled me and showed me a bolt of the House of Rebbi tied but not hanging? Rebbi Yudan said, since he removed it and took it into his hand it becomes similar to a key.
HALAKHAH: We have stated: “and a stone contained in it.” In the House of Rebbi it was stated, “and food and a stone contained in it.” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan disagreed. Rebbi Ḥiyya bar Joseph as our Mishnah, Rebbi Joḥanan as stated by the House of Rebbi. The Mishnah disagrees with Rebbi Joḥanan: “If the stone in a gourd-bottle does not fall out when used to fill, one may fill with it.” Since it is squeezed in it it is like its body. The final clause disagrees with Rebbi Ḥiyya bar Joseph: “otherwise one may not fill with it.” Rebbi Yudan said, since it is used as ballast, one carries the gourd on the stone. What does Rebbi Joḥanan do with this? He carries the gourd itself. A Mishnah disagrees with Rebbi Joḥanan: “A person may carry his son with a stone in his hand, a basket and a stone in it,” and in the House of Rebbi it was stated, “and food and a stone contained in it.” Rebbi Cohen in the name of the rabbis there: they treated a baby like food. There they are saying: they made the stone in the hand of the baby like an expert amulet in the hand of the baby.
Rebbi Simon in the name of Rebbi Joshua ben Levi: For the knife for circumcision one makes walls of people and brings it. There was a case for Bar Marinus. He asked Rebbi Simon who permitted. He asked Rebbi Immi who forbade. Rebbi Simon was offended. But was it not stated, if one asked a Sage who permitted, one may ask another one who might forbid? Rebbi Yudan said, the case was as follows: He asked Rebbi Immi who forbade, Rebbi Simon who permitted. Rebbi Immi was offended, following what was stated, if one asked a Sage who forbade, one may not ask another one who might permit.
If two beams are one on top of the other. Rebbi Yose ben Rebbi Jehudah says, one looks at the lower one as if it were higher or the higher one as if it were lower, on condition that the upper one not be higher than twenty cubits and the lower not be lower than ten hand-breadths. It was found stated that Rebbi Yose ben Rebbi Jehudah follows his father’s argument and disagrees with him. He follows his fathers argument since he says, one looks at the lower one as if it were higher or the higher one as if it were lower. He disagrees with him since he says, on condition that the upper one not be higher than twenty cubits and the lower not be lower than ten hand-breadths. If you would say that he follows his father’s opinion it could be arbitrarily high. Rebbi Yose, Ḥinena bar Shelemiah, Rebbi Yudan; Ḥinena bar Shelemiah in the name of Rav: Only if the upper one be within three hand-breadths of the lower one.
There we had stated: “Half a log of oil. Rebbi Aqiba said, a quarter.” Rebbi Eleazar said, and so it is for an eruv. That is for wine, but not for oil, for which one makes an eruv with food for two meals. It was stated: One makes an eruv with vinegar as food for two meals. Rebbi Jeremiah in the name of Rebbi Samuel ben Rebbi Issac, enough to dip bundles of vegetable as food for two meals. Rebbi Isaac of Atosha said before R. Zeˋira in the name of the House of Rebbi Yannai: one may make an eruv with raw peas. For whom is this necessary? For Rebbi Meïr, lest you say, because they generate bad mouth odor one may not use them for eruv. One may make an eruv with salted fish. One may make an eruv with salted meat. One may make an eruv with raw meat. There, we have stated: “The Babylonians eat it raw because their taste is refined.” Rebbi Yudan asked, may one use χαλκίς for eruv since the Samaritans eat it raw? Samuel bar Shilat in the name of Rav: One may use for eruv paˋapuˋin, gudganiot, and ḥaluglugot. They asked him, what are these? He said to them, καυκαλίς, melilot, and purslain.
HALAKHAH: Paragraph. “Rebbi Jehudah said, if a person was afraid that the New Year’s Day might be complemented,” etc. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical. They said in the name of four Elders: If somebody’s eruv was eaten on the first [day] he is like the people of his town on the second [day]. Rav Ḥuna said in the name of Rav: Practice follows the four Elders. Rav Ḥisda asked: the argument of Rav seems to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical.
HALAKHAH: Paragraph. “Rebbi Jehudah said, if a person was afraid that the New Year’s Day might be complemented,” etc. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical. They said in the name of four Elders: If somebody’s eruv was eaten on the first [day] he is like the people of his town on the second [day]. Rav Ḥuna said in the name of Rav: Practice follows the four Elders. Rav Ḥisda asked: the argument of Rav seems to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical.
If from him to a river were 75 cubits. Two Amoraim, one said, he measures with a rope of 50 cubits and returns 25 cubits; but the other one said, he measures with a rope of 50 cubits and the remainder he measures with a rope of four cubits. If the river was narrow on top and wide below, up to 50 cubits one considers it as if full of dust and pebbles; otherwise one sees it inclining upwards and inclining downwards. If the river was bent, Rebbi Ḥasdai says, with telescopes he estimates in the plain and does the same with a mountain. Rebbi Aḥa, Rebbi Ḥinena, Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: only if the measure results in the mountain four hand-breadths as a place. Rebbi Yose, Rebbi Abuna in the name of Rav Jehudah, Rebbi Yudan has it in the name of Rav: If one holds it high above his head and the other by his feet, everybody agrees that one strip-measures. The high one over his head and the low one on his hips, everybody agrees that one strip-measures. Where do they disagree? On his heart; Rebbi Meïr says one strip-measures but the Sages say one does not strip-measure.
Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.
Rebbi Isaac Ḥaqula in the name of Rebbu Jehudah the Prince: One forcibly makes an eruv for a person. It was stated thus: “The dwellers in an alley force one another to install lath or beam,” and it was stated: If they told him to make an eruv and he does not object. If he objects does one force him? Rebbi Yudan said, the baraita is Rebbi Meïr’s. Rebbi Yose ben Rebbi Abun said, one may explain it according to everybody if he is a Sadducee. But was it not stated: “If one forgot and did not make an eruv, whether in error or intentionally he forbids, the words of Rebbi Meïr. Rebbi Jehudah says intentionally he forbids, in error he does not forbid.” Intentionally he forbids; may one not make eruv for him forcibly? But it must be a fine. Then he should be forbidden but everybody else permitted. Since they could make an eruv and did not make it one fines him. But does Rebbi Meïr not hold that one may make something in favor of another person without his knowledge, only one may not impose a disadvantage on him? Rebbi Meïr holds that this is not a favor; a person does not want that a neighbor may come to his house except on his invitation.
HALAKHAH: Paragraph. Is it not of the lower ones? Rebbi Yudan said, this implies that if Ruben’s ruin stands in Simeon’s domain and the latter uses it, it is as if it were his.
If one inserted a stick, surrounded it by a partition, and threw into it from the public domain. Rebbi Isaac ben Eleazar says, a case in dispute. Rebbi Yudan objected: But did we not state: “If she was standing on the top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced.” Rebbi Eleazar said, the Mishnah speaks about a roof with a parapet, after it descended into the airspace of the parapet. If there is no parapet, only if it descended into three [hand-breadths] close to the roof since any three [hand-breadths] close to the roof are like the roof.
One does not recite a verse over a wound quoting the Name; the one which one recites about mandrakes is forbidden. Come and recite this verse for my son who is afraid, put on him a scroll, put on him phylacteries, so he will go to sleep, is forbidden. But did we not state, they used to recite the Song of the Afflicted in Jerusalem? Rebbi Yudan said, one means before he was hurt, the other after he was hurt. What is the Song of the Afflicted? How many are my oppressors, and the entire Psalm. Sitting in the shelter of the Most High up to: Truly, You, Eternal, are my refuge.
There, we have stated: “A slave whom his master gave as mortgage to others and then freed him [in strict law does not owe anything, but for the public good one forces the master to formally manumit him and he writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes.] Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Haggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasaʹs name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meïr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meïr. But the Sages say, one collects the principal but not the interest.
Some Tannaim state it switched. Rebbi Jacob bar Aḥa in the name of Rebbi Yasa following our Mishnah. Rebbi Yudan said, an indication is that of Berakhot: “What is the minimum to ‘invite’? Down to the size of an olive, Rebbi Jehudah says to the size of an egg.” Less than that one does not importune him to return. What is the difference between one and the other? One can be declared insignificant, the other cannot be declared insignificant. So far sacrificial meat; leavened matter from where? Rebbi Yose ben Rabbi Abun said, from what we have stated, “similarly, somebody who left Jerusalem”, this implies that what is incident to one is incident to the other.
HALAKHAH: Rebbi Abba asked before Rebbi Immi: Even calf meat? He said to him, even calf meat. Even fowl meat? He said to him, even fowl meat. They wanted to say, even an egg, even colocasia. Rebbi Yudan ben Rebbi Ḥanin said, but only what needs slaughter.
HALAKHAH: Rebbi Abun, Rebbi Simeon ben Laqish in the name of Rebbi Yudan the Prince: With a question mark, “should everybody make himself a scholar?” The Sages themselves did not decree idleness.
It was stated: “The blood of the daily sacrifice and its limbs precede the Pesaḥ, and the Pesaḥ the incense, and the incense the trimming of the lights.” There are Tannaim who state: “The blood of the daily sacrifice and its limbs precede the incense, and the incense the Pesaḥ, and the Pesaḥ the trimming of the lights, so that the libations of the daily sacrifice should be accompanying it.” There is nothing preceding the daily morning sacrifice and nothing later than the daily evening sacrifice except Pesaḥ and incense on Passover Eve. “ From where that nothing should precede the daily morning sacrifice? The verse says, on it ˋolah. And from where that nothing should invalidate the daily evening sacrifice? The verse says, on it šelamim. Rebbi Simeon ben Laqish says, it is not written here he arranges on it ˋolah but he arranges on it the ˋolah, that no elevation offering precede the daily morning sacrifice. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, people lacking expiation bring their expiatory sacrifices after the daily evening sacrifice to enable them to immerse themselves and eat their Pesaḥ in the evening. Rebbi Yudan said, that is, for a rich sufferer from skin disease. But a poor sufferer from skin disease, does he not bring a bird? Said Rebbi Samuel ben Eudaimon, does he not bring a reparation sacrifice?
Rebbi Ḥananiah said before Rebbi Mana in the name of Rebbi Yudan. The reason of Rebbi Joḥanan that if one would come to perform a certain action without thinking, one continues thinking from another action. If one slaughtered for its purpose with the intent to pour its blood not for its purpose, would that not be piggufl? If one slaughtered for its purpose with the intent to pour its blood not for its purpose, it is disqualified. If one slaughtered for its purpose and to receive its blood not for its purpose, would that not be qualified, since on the act of receiving he is thinking. Therefore, if one would come to perform a certain action without thinking, one continues the thinking from another action. If one slaughtered for its purpose with the intent to burn its parts not for its purpose, would that not be piggul? If at the moment of burning he does not think, then if one would come to perform a certain action without thinking, one continues the thinking from another action. He told him, do not object to me about disqualification because of piggul, since Rebbi Yose said, in two aspects is the intent of piggul not equivalent to the intent of disqualification.
Rebbi Mana said, I heard from Rebbi Yudan and from all the rabbis, why does one honor the lower house? So that divisions should not grow in Israel. Three put down their crowns in this world and inherited the life of the Future World. And these are: Jonathan the son of Saul, and Eleazar ben Azariah, and the Elders of Bathyra. Jonathan the son of Saul. Rebbi La said, even the women behind the loom did know that David would rule in the future. Eleazar ben Azaria was Second in rank. There are among these only the Elders of Bathyra who freed themselves of the Patriarchate and appointed him Patriarch. The rabbis of Caesarea said, also Rebbi Ḥanina of Sepphoris for Rebbi Mana. Rebbi Joshua ben Qabusai said, all my days I fled from authority. Now that I entered, anybody who would remove me I would treat like a water kettle. As the kettle burns, and injures, and chars, so I would treat him. Rebbi Yose ben Rebbi Bun said, heaven forbid that he wanted this. But he said, who could tell me that he would sanctify the Name of Heaven as I am doing.
Rebbi Isaac bar Gufta asked before Rebbi Mana: If an individual could learn from the public for the Pesaḥ, the officiant during the rest of the year might infer from the public for the Pesaḥ. Rebbi Immi asked: how do you explain this “impure”? Impure by the impurity of gonorrhea or the impurity of skin disease? But did we not state, “missing atonement”? If he desecrates when he had been immersed, not so much more before he was immersed! How do you explain “immersed on this day”? If he immersed himself on that day because of a corpse. Come and see: the one impure from a corpse does not desecrate, not so much more one immersed on that day because of a corpse? But he must be immersed on that day because of a crawling animal. Come and see: the immersed on that day because of a corpse does not desecrate, not so much more one immersed on that day because of a crawling animal? Rebbi Samuel bar Yudan said, people having touched sufferers from gonorrhea. The rabbis of Caesarea explain everything from a sufferer from gonorrhea. “One immersed on this day,” if he had one episode. “Impure” (in the impurity of the dead) if he had two episodes. “Missing atonement,” if he had three episodes. Are people having touched a sufferer from gonorrhea like a sufferer from gonorrhea in the opinion of the Southerners? Let us hear from the following, as Rebbi Eleazar said in the name of Rebbi Hoshaia: Aaron shall carry the iniquities of the sacrifices, the iniquities of the sacrifices, not the iniquities of the sacrificers. What is iniquity of the sacrifices? The blood of a sufferer from gonorrhea? No, what was touched by a sufferer from gonorrhea. Similarly, the iniquity of the sacrificers, who touched a sufferer from gonorrhea. This implies that if the public were impure because they had touched sufferers from gonorrhea or women suffering from flux, they cannot make it in impurity.
HALAKHAH: “It is written, do not remove any meat from the house to the outside. I have not only outside the house, from where outside the group? The verse says, do not remove to the outside.” Rebbi Yudan said, from here that he makes himself liable if he (said I am) [removed] away from the group. Rebbi Mana said, the verse should have said, do not remove to the outside, and we would have said, if he makes himself liable outside the group, not so much more outside the house?
Rebbi Joḥanan said, if he dedicated a Pesaḥ before he converted and then converted, before he was manumitted and then was manumitted, before he grew two pubic hairs and then grew two pubic hairs, has to subscribe to another Pesaḥ. Rebbi Yudan said, all doubts follow Rebbi Nathan, except for him who pours the blood of his purification offering or the blood of his reparation offering when there is a doubt whether he poured during nighttime or poured during daytime, where there is a doubt of atonement, and every doubt of atonement atones.
HALAKHAH: Rebbi Yudan asked, is it the same for the substitute of a reparation offering, that the substitute of a reparation offering is sacrificed and the substitute of a reparation offering is not sacrificed? Rebbi Yose said, a Pesaḥ which one sacrificed [in the morning] is no Pesaḥ; an elevation offering which one sacrificed in the morning is an elevation offering.
HALAKHAH: “In the afternoon of Passover Eve close to the time of afternoon prayers,” etc. The Mishnah is Rebbi Jehudah’s, as it was stated: “On Sabbath Eve starting at the time of afternoon prayers one should not taste anything until nightfall in order to enter the Sabbath with an appetite, the words of Rebbi Jehudah. Rebbi Yose says, he continues eating until he finishes.” “One interrupts for the Sabbath, the words of Rebbi Jehudah. Rebbi Yose says, one does not interrupt.” “It happened that Rabban Simeon ben Gamliel and Rebbi Yose ben Halaphta were lying on couches in Acco on Sabbath Eve, and in the meantime the Sabbath became holy. Rabban Simeon ben Gamliel said to Rebbi Yose ben Halaphta, do you want to interrupt for the Sabbath? He answered him, the entire day you preferred my words over those of Rebbi Jehudah, and now you are preferring the words of Rebbi Jehudah over mine, also to rape the queen in my palace? He said to him, therefore we shall not interrupt, that practice in Israel should not be fixed following R. Jehudah. They did not leave there before they fixed practice following Rebbi Yose.” Rav Jehudah in the name of Samuel: These are the words of Rebbi Jehudah and Rebbi Yose. But the words of the Sages, one spreads a cloth and makes qiddush. May one eat kinds of cookies? May one eat kinds of dried fruit? Rebbi Yudan the Prince bathed and became thirsty. He asked Rebbi Mana, since I am thirsty, may I drink? He told him, Rebbi Ḥiyya stated: A person may not taste anything before nightfall.
In Rebbi Joḥanan’s opinion, why is the death of Aaron’s sons mentioned in the matter when they died during initiation? Rebbi Ḥiyya bar Abba said, Aaron’s sons died on the First of Nisan; why does He mention their death at the Day of Atonement? To teach you that just as the Day of Atonement atones for Israel, so the death of the Just atones for Israel. Rebbi Ba bar Binah said, why did the verse append the death of Miriam to the Chapter of the Cow? To teach you that just as the ashes of the Cow atone for Israel, so the death of the Just atones for Israel. Rebbi Yudan bar Shalom said, why did the verse append the death of Aaron to the breaking of the Tablets? To teach you that the death of the Just is as hard for the Holy One, praise to Him, as the breaking of the Tablets.
Rebbi Eleazar ben Rebbi Yose said, it is clear to us that Moses officiated in the High Priesthood in a white robe. Rebbi Tanḥum bar Yudan said, it was stated: “All seven days of initiation did Moses officiate in the High Priesthood but the Divine Presence was not drawn through him. When Aaron dressed in the priestly garments and officiated, the Divine Presence was drawn through him.” What is the reason? For today the Eternal will appear to you.
Rebbi Yose ben Ḥanina asked, how was the tenth of an epha brought? Was it brought half or [brought] whole? Since it is written, Moses and Aaron came to the Tent of Meeting, this teaches that he only came with him to teach him the work of incense. [This implies that] half it was brought. If you are saying that it was brought whole, one should have stated, about he work of incense and the tenth of an epha. Rebbi Tanḥum bar Yudan said, are we not concerned with service inside? He already had taught him about service outside.
It was stated “Rebbi Jehudah said, from where that kindling fire wood may only be done by a qualified Cohen and with a vessel of service? The verse says, Aaron’s the priest’s sons shall put fire on the altar. Rebbi Simeon said, could anybody think that a non-Cohen might approach the top of the altar? Then why is it said, Aaron’s the priest’s sons shall put fire on the altar? This teaches that kindling the fire may only be done on top of the altar” They objected, is it not written “and the fire on the altar shall burn there, it shall not go out, from here that kindling the fire may only be done on top of the altar, the words of Rebbi Jehudah”? The argument of Rebbi Jehudah is inverted. There it needs a qualified Cohen, but here it does not need a qualified Cohen. Rebbi Tanḥum bar Yudan said, what do you understand from here? Could we say on top of the altar and a non-Cohen?
HALAKHAH: What is Rebbi Meïr’s reason? He undressed and sanctified, and he washed and sanctified.. What is the rabbi’s reason? And he undressed, and he dressed. It tied undressing to dressing. Since for dressing he sanctifies, so for undressing he sanctifies. Rebbi Mana said before Rebbi Yudan, does washing separate in Rebbi Meïr’s opinion? He said to him, you think that Rebbi Meïr’s reason is, and he undressed and sanctified, and he washed and sanctified.. It is not so, but and he undressed and sanctified, and he washed and dressed and sanctified.
Two Cohanim escaped the wars. One said, I was standing and purifying; the other one said, I was walking and purifying. Rebbi Yudan said, this implies, he who does it one way does not worry, and he who does it the other way does not worry.
Rebbi Yose said, a Mishnah implies that the remainders are not obstructive, as we have stated: “If he did not give, it does not obstruct.” Rebbi Borqai in the name of Rebbi Joḥanan: a baraita implies that remainders are obstructive, as we have stated: “He shall atone for the holy Sanctuary, that is the innermost room, and the tent of Meeting, this is the Temple Hall, and the altar, this is the [golden] altar, he shall atone, also for the courtyards.” What atonement do you have for the courtyards? Not the remainders? [Rebbi Abun bar Ḥiyya asked, according to him who said that] remainders are obstructive, is their place obstructive? If he gave them in the night, does he have to slaughter a new sacrifice for them? The colleagues asked: Does one think about them? Rebbi Yudan asked: if they are lost? What is problematic for him, if he started and they became deficient. But if he did not start to give everybody agrees that what he leaves over are leftovers.
Rebbi Ḥiyya bar Abba said, Rebbi Eleazar asked: If bulls and he-goats to be burned were taken out and brought back? It is obvious for us that in returning they do not make garments impure. What our problem is, do they make garments impure from the moment they started to be brought out? Rebbi Abba objected, did we not state: “They were carrying them on yokes. If the front carriers left the walls of the Temple courtyard while the back carriers did not yet leave, the front carriers make garments impure while the back carriers do not make garments impure until they also leave. After they left, these and those make garments impure.” Rebbi Yudan, Rebbi Mattaniah’s father, said, there is a difference, for it is written, then he shall take out, until he completely leave the domain from which it is taken out.
Rebbi Simeon ben Laqish asked, what could He have said instead of will not be deprived? “Shall not eat”? All eating in the Torah is by the volume of an olive, but here by the volume of a date. Rav Hoshaia said, “watch yourself, lest, not be deprived,” would be three warnings. Rebbi Ḥuna said, watch yourself regarding the saying which I said to you, watch yourself in matters of skin disease to be very careful and act, etc. Rebbi Ḥiyya stated: Punishment could [not] have been said about work since it is unnecessary. I could have inferred it from deprivation. [Since for deprivation] which is minor one is liable to extirpation, for work which is major it should be logical that one should be liable for extirpation. Therefore punishment was spelled out for work only to imply a warning preceding it. Since the punishment indicated for work is preceded by a warning, also the punishment indicated for deprivation is preceded by a warning. Rebbi Zeˋira said, this implies that one may infer about an “equal cut” even if it is free only on one side. Rebbi Yudan said, Is that not Rebbi Aqiba’s? And Rebbi Aqiba said, one infers about an “equal cut” even if it is not free.
What is the cause of a dog being rabid? Rav and Samuel. One is saying, a spirit of madness came over him. But the other one said, a woman uses him to try out witchcraft. German, the slave of Rebbi Yudan the Patriarch, was bitten by a rabid dog and he fed him the cover of its liver, but he never recovered. A person could never tell you that he was bitten by a rabid dog and survived, that he was stung by a brightly colored snake and survived, that he was kicked by a mule and survived, but only by a white mule
HALAKHAH: “He who pays the sheqel,” etc. We have stated, “if the sums were disbursed.” In the House of Rebbi it was stated, “if the animal was sacrificed.” Rebbi Eleazar said, who is the Tanna of “if the animal was sacrificed”? Rebbi Simeon, since Rebbi Simeon said, he receives his money immediately, the priests are quick. It is difficult. If somebody stole another’s elevation offering and slaughtered it without special mention, is it not without special mention atoning for the original owner? Rebbi Yudan said, explain it if it was a definite object, like that of the House of Rabban Gamliel who was taking aim throwing it into the chest. But should one not worry that maybe it will become part of the remainder; is there me`ilah for the remainder? But it must follow Rebbi Meïr, since Rebbi Meïr said, there is me`ilah for the remainder. Still if it was a definite object, like that of the House of Rabban Gamliel who was taking aim and disbursed it in his name.
Rebbi Joḥanan said, because they are the periods of birth. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joshua ben Levi: That animals be available for the pilgrims on the holidays. Rebbi Yudan said, that he should not come to do not tarry. Rebbi Yose said, anybody who is late with his ṭevel transgresses. There, we have stated: “Rebbi Meïr says, on the first of Elul is the New Year for animal tithes. Ben Azzai says, those born in Elul are to be tithed separately.” Rebbi Ḥuna said, The reason of Rebbi Meïr: Up to that point they finish to give birth from the old ones; after that they start to give birth from the new ones. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: The reason of Rebbi Eleazar and Rebbi Simeon, the rams are mounting the ewes, these are the early ones, and the valleys are clothed in grain, these are the late ones, they are friends and also are tithed, both enter the corral to be tithed. Ben Azzai said, since these are saying this and those are saying that, those born in Elul should be tithed by themselves. How is this? If there were born in his flock five in Av, five in Elul, and five in Tishre, they do not combine. If there were born in his flock five in Av and five in Tishre, they combine. Could Ben Azzai decide between his students? Rebbi Jeremiah, Rebbi Miasha in the name of Rebbi Samuel bar Rav Isaac: For so disagreed the fathers of the world. Who are the fathers of the world? Rebbi Jonah stated before Rebbi Jeremiah: Rebbi Ismael and Rebbi Aqiba. This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, “since these are saying this and those are saying that”? Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac understood it from the following: “Ben Azzai said to him, we are sorry about their disagreement, and you come to find us disagreement where they are concurring.” This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, “you come to find us disagreement”?
Did sheqalim therefore become holy? Rebbi Simeon ben Jehudah in the name of Rebbi Simeon: Both these and those did not become holy. It was stated: A proselyte today has to bring for his nest a quarter of a silver {denar}. Rebbi Simeon said, Rabban Joḥanan ben Zakkai already disestablished this because of the mishap. What is “because of the mishap”? As was stated, today one does neither dedicate as sacrifice, nor dedicate one’s value, nor dedicate as ḥerem, nor does one collect [heave and tithes]. If somebody dedicates as sacrifice, or dedicated one’s value, or dedicated as ḥerem, or collected, cloth must be burned, an animal castrated. [How? One locks it in and it dies by itself.] Monies shall go to the Dead Sea. If he transgressed and dedicated, since Rebbi Simeon said, Rabban Joḥanan ben Zakkai already disestablished this because of the mishap, this implies if he transgressed and dedicated, it became sanctified. Rebbi Yudan from Antodria asked before Rebbi Yose: here you are saying it became sanctified, and there you are saying, it did not become sanctified. He said to him, there [because of the following one may not dedicate from the start because it is an obligation to bring from the new contribution, and this would be from the old one. Here, what can you say? That one is old. But in respect to other dedications, the proselyte’s nest does not have to be from new money; if he dedicated it is holy;] maybe the Temple will be built like earlier and the heave of the lodge will be lifted on time on the first of Nisan. But here, what do you have? Rav Ada and Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: Practice follows Rebbi Simeon.
Rebbi Yudan bar Pazi and Rebbi Ayvo bar Naggari were sitting and saying: We did state “after they conceded“; who conceded to whom? The House of Shammai to the House of Hillel or the House of Hillel to the House of Shammai? They said, let us go out and study. The went out and heard Rebbi Ḥizqiah, Rebbi Aḥa in the name of Rebbi Jehudah ben Levi. We never find the House of (Hillel) [Shammai] conceding to the House of (Shammai) [Hillel] except in this matter. Rebbi Ḥunah in the name of Rav Abbaia: The Mishnah says so. “If someone pours from vessel to vessel and a ṭevul yom touches it, it should be lifted by 101.” If you say that the House of Hillel conceded to the House of Shammai that it cannot be lifted, who is the Tanna here, neither the House of Shammai nor the House of Hillel! Rebbi Idi said, we might say that the House of Hillel stated this before they conceded. Rebbi Yose said, the Mishnah said so: “After they conceded, Rebbi Eliezer said it should be lifted and burned,” and is Rebbi Eliezer not a follower of Shammai? Rebbi Ḥinena said, the Mishnah said so, after they conceded one to another that it should be lifted, the House of Shammai recused themselves and the others agree with us. Rebbi Abun says, there is another answer, following what Rebbi Hoshaia stated: Since pure {heave}, which for outsiders is forbidden as deadly sin, can be lifted, certainly also impure {heave} which is {prohibited} as positive commandment for Cohanim.
How for kings? If he died in Adar and a king took office in Adar it is counted as a year for both of them. Rebbi Jonah said, only if he reached Nisan. Otherwise like the following, he ruled one month in Samaria. You can determine the years of the kings of Israel only through the years of the kings of Jehudah, and you can determine the years of the kings of Jehudah only through the years of the kings of Israel. It is written: And the time that David ruled over Israel was forty years, etc. And it is written, in Hebron he ruled over Jehudah seven years and six months, etc. In total they are deficient and in detail excessive. Rebbi Isaac bar Qaṣaṣata in the name of Rebbi Jonah: they were thirty-two and a half years, but to honor Jerusalem he counts them as entire. The great Jehudah says, the greater number absorbs the lesser. Rebbi Samuel bar Naḥman said, when your days will be complete. The Holy One, praise to Him, said to David: I am counting full days for you, I am not counting missing days for you. [Will not your son Solomon build the Temple to sacrifice? Law and justice that you are upholding is more to my liking than sacrifices, as it is said, upholding justice and law is preferred by the Eternal to sacrifice.] Rav Huna said, the entire six months during which David was in flight before his son Absalom, his sins would have been atoned for by a female goat as for a commoner. Rebbi Yudan ben Rebbi Shalom said, it is written, for six months dwelt there Joab and all of Israel. The Holy One, praise to Him, said to him: I did tell you, do not attack them, but you desired to attack them. By your life, they will not be counted for you.
Could one witness be believed as two? How is this? If there were two, one whom everybody knows and one whom nobody knows, except that his partner knows him. May his partner teem up with one from the street to testify about him? Rebbi Ze`ira, Rav Huna in the name of Rav: he and another cannot team up about the signature of the second witness. This is needed in case there were two, one whose signature everybody knows and one whom nobody knows, except that his partner knows him. May his partner be like anybody from the street to testify about him? In that case the entire testimony is confirmed by one witness. Rebbi Yudan said, this is correct. For example, two who came from a town most of whose inhabitants are Gentiles, like Hippos. One of whom everybody knows that he is Jewish and one whom nobody knows, except that his partner knows him. May his partner be like one from the street to testify about him? If you are saying yes, the entire testimony is confirmed by one witness. Also here the entire testimony is confirmed by one witness.
Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical. They said in the name of four Elders: If somebody’s eruv was eaten on the first <day> he is like the people of his town on the second <day>. Rav Ḥuna said in the name of Rav: Practice follows the four Elders. Rav Ḥisda asked: the argument of Rav seems to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical.
Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical. They said in the name of four Elders: If somebody’s eruv was eaten on the first <day> he is like the people of his town on the second <day>. Rav Ḥuna said in the name of Rav: Practice follows the four Elders. Rav Ḥisda asked: the argument of Rav seems to be inverted. There, he makes it two sanctities, but here he makes it one sanctity. Because they disagreed: May the remainders of a wick, a fire, or oil that burned out on the Sabbath be lit on the holiday? Rav and Rebbi Ḥanina both say it is forbidden, but Rebbi Joḥanan says, it is permitted. Rebbi Mana said before Rebbi Yudan, is it the reverse regarding an egg? He said to him, since the rabbis compare it, it means that the two cases are identical.
Rebbi Yudan said, this is only if there were there two broods. But if only one brood is there it does not apply. But did we not state, “if there are no others around they are permitted”? [Rebbi Yose bar Abun said,] if there only is a single chick available. [Only one brood of black ones.]
HALAKHAH: It is difficult for the House of Shammai. A large thigh one is permitted to send, a small kid goat one is not permitted to send. Rebbi Yudan said, it only is understood if he carries it. But if he draws it and it walks, what is the difference if he draws it to deliver it or he draws it to let it drink? The Great Rebbi Hoshaia asked Rebbi Jehudah the Prince, did you hear from your father whether one is permitted to move a chicken? Certainly if it was ready for slaughter it is permitted, otherwise it is forbidden. But are not all chickens ready for slaughter? The question is, maybe even if it is not ready. He told him in a whisper. He asked him, why are you telling me in a whisper? He said to him, just I heard it in a whisper, so I am telling you in a whisper.
Rav said, I am saying not less than the volume of an olive. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, for me and for him who did not make eruv? A baraita supports Rebbi Joḥanan: An eruv needs a measure neither at the start nor at the end. “On a holiday which falls on a Friday one makes eruv neither for courtyards nor for domains, the words of Rebbi Meïr. But the Sages are saying, one makes eruv for courtyards but does not make eruv for domains”. One makes eruv for courtyards, because it allows something which is allowed to him, but does not make eruv for domains, because you would permit him something which is prohibited to him. There are Tannaim who switch. Rebbi Eleazar said, since there are Tannaim who switch, we have to take notice. Rebbi Jeremiah in the name of Rebbi Ze`ura: He who wants to do it right makes the eruv the day before. Rebbi Yudan said, what you are saying is when he did not make eruv tavshilin, but if he made eruv tavshilin it is permitted. Rebbi Yose ben Rebbi Abun asked, does eruv tavshilin permit dividers?
“One may slaughter from containers, one may not slaughter from fishermen’s nets or from traps.” Rebbi Yose bar Abun in the name of Rebbi Immi: a net of warp. Samuel said, one may catch with a barrel. Rav said, the sluice of a water canal is permitted. Rebbi Yudan said, those between the plates
HALAKHAH: The argument of Rebbi Jehudah seems inverted since we stated there, “Rebbi Jehudah says, if it was not a cadaver before the Sabbath it is forbidden since it is not prepared.” And here he says so? Rebbi Jehudah follows his own opinion since Rebbi Jehudah said, the expert is not from the Torah. Rebbi Ḥuna in the name of Rebbi Abba: It is Rebbi Jehudah’s since Rebbi Jehudah gives the same rules for inspecting a firstling as inspecting ṭerefah. As you are saying there, one inspects for ṭerefah on a holiday, similarly one inspects a firstling on the holiday. Rebbi Yudan asked: Demay is from their words. and inspecting for terefah is from their words. Since you are saying that one inspects for ṭerefah on a holiday, does one separate demay on a holiday? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. But was it not stated, a [firstling] calf which was born from a terefah animal on the holiday is permitted. Rav Ḥisda said, explain it if the expert transgressed and saw it. There came a case before Rebbi Immi who wanted to say, between Rebbi Jehudah and Rebbi Simeon, practice follows Rebbi Jehudah. Rav Hoshaia brought a baraita of Bar Qappara from the South and stated: But the Sages say, any whose defect was visible on the eve of a holiday but the expert permitted it only on the holiday is not prepared. He changed his opinion.
Rebbi Yudan asked, may one move straw from a private domain to the public domain? Is that not the Mishnah, “he who transports straw may not tie the box and throw it over his shoulder”? The Mishnah follows him who says, for all breathing, also animal’s breathing is included. What is his problem? Following him who says, animal’s breathing is not included. Also for him who says, animal’s breathing is included, the Mishnah is about transporting as feed. What is his problem? If he transports as fuel.
HALAKHAH: [A well] between two Sabbath domains. Rebbi Joḥanan said, one makes an iron wall for it. Rebbi Yose ben Ḥanina said, even a partition made of reeds, on condition that the water not flow in both directions. Rebbi Yudan said, they were more strict with their words than with words of the Torah. Rebbi Ḥanina said, is it not {mixture of} kind in its own kind? But they were strict with their words as with words of the Torah.
HALAKHAH: Rav and Samuel: one says, like the feet of the depositor. The other one says, they are like the feet of him they are deposited with. The Mishnah disagrees with him who says, they are like the feet of him they are deposited with. As we have stated, “If somebody had produce in another village and the people of that village made an eruv to come to him, they should not bring him his produce” If you would say, they are like the feet of him they are deposited with, they should bring him his produce. Rebbi Yudan said, explain it if the key was in the hands of the owner, or that he did not concede his powers to them before the start of the holiday. And what says this? “If he invited guests they may not carry away their parts unless through another person he gave them the right to their parts on the eve of the holiday”. Are they not like the feet of him they are deposited with from the moment that he gave them the rights to their parts.
Rav Jehudah bar Ezechiel said, so was my father Ezechiel used to recite for rainfall: May Your Name be magnified, sanctified, praised, and elevated, our King, for every drop that You bring down to us, and you make them refrain one from the other. [As it is said,] for He reduces water drippings; they combine as rain for a flood, as one says, the valuation will be reduced. Rebbi Yudan, the father of Rebbi Mattaniah, said, not only that, but He brings them down in measure, as it is said: Water He determined by measure.” Rebbi Yose bar Jacob went to visit Rebbi Yudan from Migdal. While he was there, rain started to come down and he heard his voice saying: Thousands of thousands we are obliged to thank Your Name, our King, for every drop that You bring down to us, for You do good things for the guilty ones. He said to him: From where do you have this? He said to him: This is the benediction that Rebbi Simon recited for rainfall.
Rav Jehudah bar Ezechiel said, so was my father Ezechiel used to recite for rainfall: May Your Name be magnified, sanctified, praised, and elevated, our King, for every drop that You bring down to us, and you make them refrain one from the other. [As it is said,] for He reduces water drippings; they combine as rain for a flood, as one says, the valuation will be reduced. Rebbi Yudan, the father of Rebbi Mattaniah, said, not only that, but He brings them down in measure, as it is said: Water He determined by measure.” Rebbi Yose bar Jacob went to visit Rebbi Yudan from Migdal. While he was there, rain started to come down and he heard his voice saying: Thousands of thousands we are obliged to thank Your Name, our King, for every drop that You bring down to us, for You do good things for the guilty ones. He said to him: From where do you have this? He said to him: This is the benediction that Rebbi Simon recited for rainfall.
HALAKHAH: Rebbi Yudan son of Rebbi Ḥama of Kefar Teḥamin, like the forty which Moses spent on the Mountain. Rebbi Yose said, because one does not excessively impose on the community. Rebbi Ḥiyya bar Abba said, for if there were two causes, for example a lack of rain and locusts, one blows for both. And why for these two occasions? Rebbi Yose ben Rebbi Abun said, for these two cause prices to increase.
Rebbi Yudan ben Rebbi Menashe and Rebbi Samuel bar Naḥman. One said, to mention the merit of Abraham; the other one said, to mention the merit of Isaac. He who said, to mention the merit of Abraham, either ashes or dust, because of I am dust and ashes. He who said, to mention the merit of Isaac, only ashes. One sees the ashes of Isaac as if his ashes were collected on the altar. When Rebbi Judah bar Pazi went on a fast day; he said before them, our Brethren, anybody whom the beadle does not reach should take dust and put it on his head.
It is written: May the bridegroom leave his room, and the bride her bridal chamber. May the bridegroom leave his room, that is the Ark, and the bride her bridal chamber, that is the Torah. Another word: May the bridegroom leave his room, that is the Patriarch, and the bride her bridal chamber, that is the presiding judge. Rebbi Ḥelbo said to Rebbi Yudan the Patriarch, come with us and your pain will be gone. Rebbi Yose said, this implies that our fasts are no real fasts. Why? since the Patriarch is not with us.
The seven of Sabbath, from where? Rebbi Isaac said, corresponding to the seven voices written in Give to the Eternal, sons of the mighty. Rebbi Yudan Antodraya said, corresponding to the seven Divine Names in Psalm, Song for the Sabbath Day.
HALAKHAH: Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr., he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: that is if an individual disagrees with an individual. But in the case of an individual following the {anonymous} Sages, practice does not follow the anonymous text.
HALAKHAH: How much is “started”? Rebbi Abba said, once. Rebbi Yose said, twice. It was acted on following Rebbi Abba. And what does one read? Rebbi Yose said, one reads “blessings and curses.” Rebbi Mana said to him, since they know it is a fast day they are falling on their bellies, do they not know that it is a fast day? He said to him, to tell you that one reads “blessings and curses.” Rebbi Yudan from Kappadokia said before Rebbi Yose in the name of Rebbi Jehudah bar Pazi, one reads about the New Moon. Rebbi Yose met Rebbi Jehudah bar Pazi; he said to him, did you hear this from your father? He said to him, my father said this only about Eintab. Since they know that it is the New Moon, they are reading about the New Moon. At all other places they are reading “blessings and curses.”
“He prayed but no rain fell..” Rebbi Yose ben Rebbi Abun said, because he did not come in meekness. Rebbi Yudan son of proselytes said, this Onias the circle drawer was the grandson of Onias the circle-drawer {who lived} close to the destruction of the Temple. He went to a mountain to his workers. While he was there, rain fell. He went to a cave; when he was sitting down he slumbered and fell asleep. He stayed in his sleep for 70 years, while the Temple was destroyed and rebuilt. At the end of 70 years he awoke from his sleep. He left the cave and found the world changed. At a place where there had been vineyards were olive trees. At a place were there had been olive trees was a field. He asked about the province, and said to them, what is news in the world? They answered him, do you not know what is news in the world? He said, no. They asked him, who are you? He answered them, Onias the circle-drawer. They told him, we heard that when he entered the Temple courtyard it lit up. He went there and it lit up. He recited about himself, when the Eternal leads back the return of Zion we were like sleepers.
HALAKHAH: “If they were fasting and it rained before sunrise, they do not finish,” as it is said, before they will call I shall answer. “After sunrise they finish,” still they are talking and I shall hear. Or may be the other way around? Rebbi Tanḥuma said, it was stated so: there is no answer but close to calling, and no calling but close to answering. In the days of Rebbi Yudan they decided on a fast; then rain fell in the night. Rebbi Mana went up to him; he said to him: since I am thirsty, may I drink? He said to him, wait. Maybe they will take counsel to finish.
Until when is Ne`ilah? The rabbis of Caesarea say: Rav and Rebbi Joḥanan disagree. Rav said, when the gates of Heaven are locked. Rebbi Joḥanan: when the gates of the Temple are locked. Rebbi Yudan Antordaya said, the Mishnah supports Rebbi Joḥanan: “On three occasions do the Cohanim lift their hands four times in one day, mornings, Musaph, Minḥah, and at the locking of the gates.” May you say that the gates of heaven are locked while it is still daytime?
And what does one read? Rebbi Yose said, one reads “blessings and curses.” Rebbi Mana said to him, since they know it is a fast day they are falling on their bellies, do they not know that it is a fast day? He said to him, to tell you that one reads “blessings and curses.” Rebbi Yudan from Kappadokia said before Rebbi Yose in the name of Rebbi Jehudah bar Pazi, one reads about the New Moon. Rebbi Yose met Rebbi Jehudah bar Pappai; he said to him, did you hear this from your father? He said to him, my father said this only about Eintab. Since they know that it is the New Moon, they are reading about the New Moon. At all other places they are reading “blessings and curses.”
HALAKHAH: It is written: The glory of the Eternal dwelt on Mount Sinai; the cloud covered it for six days; He called to Moses on the Seventh Day. Moses ascended. The Seventh after the Ten Commandments, the start of the Forty. Moses said to them, I shall be occupied on the Mountain for 40 days. When the fortieth day came and he did not come, immediately the people saw that Moses tarried in descending from the Mountain. When noontime came and he did not come, immediately the people congregated on Aaron and said to him, rise and make us gods which shall go before us, etc. The Eternal said to Moses, descend, for your people corrupted, etc. And Joshua heard the sound of the people in its dealings; he said to Moses, there is sound of war in the camp. Moses said, a man who in the future will rule over 600’000 does not know to distinguish between sound and sound? He said, there is no sound of shouts of strength nor sound of sounds of weakness, a sound of shouts I am hearing. Rebbi Yasa said, a sound of acclaim of foreign worship I am hearing. Rebbi Yudan in the name of Rebbi Yasa: There is no generation in which there is not an ounce of the sin of the Calf. It was when he approached the camp that he saw the Calf and fifes. Rebbi Ḥilkiah in the name of Rebbi Aḥa: From here that a person should not argue from guesses. Moses made an argument de minore ad majus. Since for the pesaḥ sacrifice, which is an isolated obligation, it is said no uncircumcised may eat from it, the Torah in which all commandments are contained not so much more? Moses got angry and he threw the tablets from his hand and broke them below the Mountain. Rebbi Ismael stated, the Holy One, praise to Him, told him to break them, [as it is said,] I shall write on the tablets the words which were on the first tablets luckily you broke. He said to him, you did well that you broke. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: The tablets were six hand-breadths long and three wide. Moses held two hand-breadth, the Holy One, praise to Him two hand-breadth, and two hand-breadths of space were between them. When Israel sinned in that way, the Holy One wanted to seize them from Moses’s hand, but Moses’s hand had the better of it and seized them from Him. That is what the verse praises him at the end and says, and all the strong hand, peace shall be on the hand which had the better on mine. Rebbi Joḥanan in the name of Rebbi Yose ben Abbai: the tablets wanted to fly off but Moses held them, [as is written,] I grabbed the two tablets. It was stated in the name of Rebbi Nehemiah, the writing itself flew off. Rebbi Ezra in the name of Rebbi Jehudah ben Rebbi Simon: The tablets were a load of forty seah but the writing was carrying them. When the writing flew off they were too heavy for Moses’s hands, they fell, and broke.
Rebbi Joḥanan said, 80’000 young priests were slaughtered for the blood of Zachariah. Rebbi Yudan asked Rebbi Aḥa, where did they kill Zachariah? In the women’s courtyard or in Israel’s courtyard? He said to him, neither in Israel’s courtyard nor in the women’s courtyard but in the priests’ courtyard. They treated his blood neither as ram’s blood nor as gazelle’s blood. There is written, he shall pour out its blood and cover it with dust. But here, for its blood was in its midst, on a bare rock he put it. Why all this? To arise rage, to avenge vengeance, I put its blood on a bare rock, without being covered. Seven sins did Israel commit on that day. They killed a priest, prophet, and judge, spilled innocent blood, defiled the Temple courtyard, and it was a Sabbath and Day of Atonement. When Nebuzaraddan came here and saw the blood bubbling, he asked them, what is the matter with this? They told him, it is the blood of bulls, sheep, and rams, which we were sacrificing on the altar. Immediately he brought bulls, rams, and sheep and slaughtered them on it, but the blood still was bubbling. Since they did not confess, he hung them on gallows. They said, since the Holy One, praise to Him, wants to ask for his blood from us, they told him, it is the blood of a priest, prophet, and judge who was prophesying for us [all that you are doing to us.] We conspired against him and killed him. Immediately he brought 80’000 young priests and slaughtered them on it, but the blood was still bubbling. At this moment he got angry with him, and said to him, do you want to destroy your entire people because of you? Immediately the Holy One, praise to Him, was filled with mercy and said, if this one who is flesh and blood, and cruel, is filled with mercy for My children, I, where it is written about Me, for a compassionate power is the Eternal, your God, He will not destroy you nor forget the covenant of your forefathers, not so much more? Immediately he indicated to the blood and it was absorbed on its place.
Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, does one disregard the anonymous {Mishnah} and follow an isolated opinion? He found that Rebbi Ḥiyya stated this in the name of Rebbi Meïr. When he understood that Rebbi Ḥiyya stated this in the name of Rebbi Meïr, he said, the old man understands his chapters well. Rebbi Mana asked before Rebbi Yudan: Did not Rebbi Ḥizqiah, Rebbi Abbahu say in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. He said to him, and if not Rebbi, maybe somebody else. How is this? If it is found that Rebbi taught a disagreement and afterwards taught it anonymously, then practice follows the anonymous statement. In a case where Rebbi did not teach a disagreement but others taught it in disagreement and Rebbi taught it anonymously, certainly practice has to follow the anonymous text. There come Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Eleazar, every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous statement. Why does he instruct here following the isolated opinion? Rebbi Samuel bar Ina in the name of Rebbi Aḥa: That is, if no disagreement is stated together with the anonymous opinion. But if a disagreement is stated together with the anonymous opinion, practice does not follow the anonymous opinion.
Rebbi Yudan the Patriarch sent the Great Rebbi Hoshaia a roast and a pitcher of wine. He sent and told him, you fulfilled with us gifts to the needy. Then he sent him a calf and a barrel of wine. He sent and told him, you fulfilled with us, sending meals one person to the other.
Rebbi Levi in the name of Rebbi Ḥama bar Ḥanina: That year was intercalary. What is the reason? From day to day, and from month to month, to the twelfth month which is the month of Adar. Is the first Adar additional? Is the second Adar additional? What is the difference between them? Rebbi Samuel ben Rav Isaac said, the two lambs of Pentecost are between them. If it was born on the fifteenth of Adar in a non-intercalary year and it enters an intercalary year; if you are saying that the first Adar is additional, it is a long year. If you are saying that the second Adar is additional, it has only up to the fifteenth of the first Adar. Rebbi Ayvo bar Naggari said, a Mishnah states that the first Adar is additional, as we have stated there: “They testified that one may intercalate the year during all of Adar; for there were those who said, until Purim. They testified that one may intercalate the year conditionally.” This implies that the first Adar is additional. If you would say that the second Adar is the addition, it no longer is the year and he intercalates it? Mar Uqba found two letters. In one was written, “it is good in my eyes and the eyes of my colleagues to add thirty days to the year.” And in one it was written, “it is good in my eyes and the eyes of my colleagues to add a month to the year.” He who says “thirty days” implies that the first Adar is additional; he who says “a month” implies that the second Adar is additional. If from there, you cannot infer anything, as Rebbi Jacob bar Aḥa and Rebbi Yudan from Gezur, Rebbi Simon in the name of Rebbi Joshua ben Levi said, forever both months may be augmented. If he augmented the first and did not augment the second, what he did is well done. Always the Adar close to Nisan is defective.
Rebbi Yudan said: The Mishnah is about two persons. Rebbi Ḥanina said, the Mishnah says so, “the only difference between a sufferer from skin disease who is quarantined and one declared absolute is torn clothing, untended hair, shaving, and birds.” This implies that we are dealing with two persons. If you would say about one person, one should state: “the only difference between a large white spot and a small white spot.” Just as you are saying there, we are dealing with two persons, so also here we are dealing with two persons.
HALAKHAH: It is written all Earth was one tongue and unified words. Rebbi Eleazar and Rebbi Joḥanan. One said, they were speaking seventy languages. But the other said, they were speaking in the language of the Unique of the World, the holy language. Bar Qappara stated, may God embellish Japhet and dwell in the tents of Shem, that one should speak Japhet’s language in Shem’s tents. The sons of Japhet: Gomer and Magog, and Yawan, and Tubal, and Meshekh, and Tiras. Gomer, Germamia. Magog, Gothica. Madai, as it is understood. Yawan, Ephesus. Tuval, Bythinia. Meshekh, Moesia. Tiras, Rebbi Simon said Persia, but the rabbis said Thrace. The sons of Gomer: Ashkenaz, and Riphat, and Togarma. Asia, and Adiabene, and Germanicia. The sons of Yawan: Elisha, and Tarshish, Kittim and Dodanim. Elis, Tarsos, Euboea, and Dardania. The Arwadite, Rhodos. The Ṣamarite, Ḥoms. The Ḥamatite, Ḥama. Up to Lasha`. Rebbi Eleazar said, to Kallirrhoe. Rebbi Yudan bar Shalom said, from here about the Targum.
HALAKHAH: One understands the dweller in a walled city whose time is later. Is the time of a village dweller who went to a walled city not earlier? Rebbi Yudan said, there is here no village dweller who went to a walled city. And it was stated in the House of Rebbi so: the dweller in a walled city who went to a village. Rebbi Yose said, also here if he will stay with them. Rebbi Yose said, only if he left before dawn, but if he left after dawn he already is not liable. Rav Naḥman bar Jacob asked, then a proselyte who circumcised after dawn already is not liable? Rebbi Abun bar Ḥiyya asked, the village dweller who changed his abode in the night of the Fifteenth [is obligated here; and a dweller in a walled city who changed his abode in the night of the Fourteenth] is not liable at either place?
May a village dweller free a city dweller of his obligation? Should it follow “anybody not obligated for something may not free the public from their obligation”? May a city dweller free a village dweller of his obligation? Should it follow “anybody not obligated for something may not free the public from their obligation”? Or should it follow what “Rebbi Ḥelbo said, Rebbi Ḥuna in the name of the Great Rebbi Ḥiyya: Everybody may fulfill his obligation on the Fourteenth, which is the time of its reading”? Rebbi Yudan asked. [A village dweller who] decided to move in the night of the Fifteenth? Is that not the Mishnah, “a villager who went to a walled city”? The Mishnah if he was in the walled city. What is problematic for him, if he was in a village. But those on an ocean trip or passing through deserts read normally on the Fourteenth. Rebbi Mana said, if he intended to return to his place. Rebbi Phineas said, therefore the dispersed Jews, in that hour he was dispersed.
Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: Things have been said orally and things have been said in writing, and we do not know which ones are preferred. From what is written: by the mouth of these words I concluded a covenant with you and Israel, it follows that the oral traditions are preferred. Rebbi Joḥanan and Rebbi Yudan bar Rebbi Simeon. One said that if you kept what is oral tradition and kept what is written I will conclude a covenant with you, otherwise I shall not conclude a covenant with you. The other one said, if you watched all that is oral tradition and kept all that is written you will receive your reward, otherwise you will not receive any reward. Rebbi Joshua ben Levi said: On them, and on them; words, the words all, like all;; Bible, Mishnah, Talmud, and Aggadah. Even what a competent student will discover before his teacher was said to Moses on Sinai. What is the reason? There is something about which one would say, look, this is new! His colleague will answer, it already has been forever.
Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: Things have been said orally and things have been said in writing, and we do not know which ones are preferred. From what is written: by the mouth of these words I concluded a covenant with you and Israel, it follows that the oral traditions are preferred. Rebbi Joḥanan and Rebbi Yudan ben Rebbi Simeon. One said that if you kept what is oral tradition and kept what is written I will conclude a covenant with you, otherwise I shall not conclude a covenant with you. The other one said, if you watched all that is oral tradition and kept all that is written you will receive your reward, otherwise you will not receive any reward. Rebbi Joshua ben Levi said: On them, and on them; all, like all; words, the words; Bible, Mishnah, Talmud, practices and Aggadah. Even what a competent student will discover before his teacher was said to Moses on Sinai. What is the reason? There is something about which one would say, look, this is new! His colleague will answer, it already has been forever.
Rebbi Yudan the Patriarch asked Rebbi Samuel bar Naḥman: What means that which is written, Prepare a way for the rider on clouds, His name YH, and jubilate before Him. He told him, there is no place which does not have one appointed over its life. And who is appointed over the lives of all? The Holy One, praise to Him. His name YH, His name: Βια. Rebbi Eleazar told him, your teacher was not explaining in this way, but {a parable} of a king who built a palace on a place of sewers, a place of dung heaps, a place which stinks. One who comes and says, this palace is at a place of sewers, a place of dung heaps, a place which stinks, does he not detract? So he detracts who says, originally the world was water in water. {A parable} of a king’s orchard and an observation deck built on it, to look at it but not to touch.
“And for the Red Cow if his hands became impure so became his body.” Rebbi Ḥanina said, not that they introduced new impurities for the Red Cow but they said, he who becomes impure in an easy impurity is like one who became impure in severe impurity. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: And it shall be collected by a man, why does the verse say, pure? Think of it. Even if you collect it by a shovel, the Torah requires pure. Where do we hold? If a metal shovel, but also flat metal implements are subject to impurity. If a wooden shovel, is it not held together because of something subject to impurity? Rav Hoshaia said, explain it if he collects it with a plank. Then it is impossible that he should not carry it. Rebbi Yudan, the father of Rebbi Mattaniah, said, explain it if he collects it with a coarse cross-beam. Rebbi Abba bar Mamal asked before Rebbi Immi: what is the difference between a person pure for the Red Cow and an empty vessel pure for the Red Cow? He answered him, And it shall be collected by a pure, why does the the verse say, man? Only to prescribe extraordinary purity to the man to handle the water for ashes of the Red Cow and the ashes of the Red Cow. Rebbi Yasa in the name of Rebbi Simeon ben Laqish: The moving which I declared pure for you for crawling animals I declared impure for you here.
“A woman does adorn herself on the holiday.” The following are women’s adornments: She braids, and puts on kohl, and combs her hair, and removes hair and fingernails, and moves a grating instrument over her face. Rebbi Yudan the father of Rebbi Mattaniah said, the baraita is in clean language.
HALAKHAH: Rebbi Ḥalaphta bar Shaul stated, only that it not be newly formed on the holiday. It was stated: A new oven or stove one does neither soak with oil nor patch with a strip nor wash down with cold water to close its pores. But in order to actually cook a pot on it this is permitted. And it was stated thus: New oven or stove are like all implements which are moved in a courtyard. Rebbi Yudan ben Rebbi Ismael instructed in an emergency to bring a new stove from the house of the potter to newly cook on it on the full holiday.
Rebbi Yudan asked: Following him who says, neither he nor the brothers are guilty for the woman who got ḥalîṣah but are guilty for the co-wife. It is fine that he is not guilty about the woman who got ḥalîṣah since he was cleared to have her freely. He is guilty about the co-wife since he was never cleared to have her freely. What is the difference for one of the brothers between the woman who got ḥalîṣah and the co-wife? He turned around and said, you do not know under which head to declare him guilty, whether as wife of the one performing ḥalîṣah or wife of the deceased. Rebbi Yose said, do you think ḥalîṣah is acquisiton? But it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.
Rebbi Yudan asked: Following him who says that everybody agrees about the co-wife that he is guilty, if somebody from the market gave qiddushin to one of them and then the levir came and performed ḥalîṣah with her or had intercourse with her, did the qiddushin become invalid? If he performed ḥalîṣah with her companion but then had intercourse with her, were qiddushin validated retroactively? Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! But there is one sister-in-law, here are two sisters-in-law. The prohibition of a single sister-in-law is different from that of two sisters-in-law!
Rebbi Yudan asked: Following him who said, a man is not guilty for the woman who got ḥalîṣah but he is guilty for the co-wife, ḥalîṣah is freeing; is intercourse freeing? As you say, if he performed ḥalîṣah with her, she became forbidden to the brothers. Similarly, if he had intercourse with her, she became forbidden to the brothers. Rebbi Ḥiyya stated: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate! Rebbi Yose said, what do you think? That ḥalîṣah is the same as intercourse? Once he performed ḥalîṣah, the claim of the dead is removed from her retroactively. Retroactively fell on her the prohibition of the dead man regarding the brothers. But if he had intercourse with her, she is his wife. On that did Rebbi Ḥiyya state: If the first husband died, the second brother shall take her in levirate. If the second dies, the third shall take her in levirate.
Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died without having repudiated since there is a Mishnah: “If a woman could repudiate but did not do so, her co-wife performs ḥalîṣah but cannot be married in levirate.” So is the Mishnah: “If a woman could repudiate but did not dies, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Abba Mari said, you may even say if she still lives; explain it if her father is the only levir.
Rebbi Joḥanan said, Rebbi Simeon agrees in the first case. It was found stated, that also is in disagreement. What is the difference between the first and second cases? In the first case he came and found her forbidden, in the second he came and found her permitted. Rebbi Joḥanan asked, if he found his father’s wife married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish asked: His maternal halfbrother’s wife which he found married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Yudan asked, a co-wife of his maternal aunt which he found married to an outsider? Because he came and found her permitted, is she permitted? Rebbi Abin asked, if a divorcee became a widow? You have to say that Rebbi Simeon referred to the first case.
Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.
If the first [sister] had a co-wife, one [of the brothers] performs ḥalîṣah, the co-wife is freed. If then he had intercourse with her, this is forbidden intercourse and the co-wife is not freed. If he performed ḥalîṣah and then had intercourse with her, as you look at it, either ḥalîṣah should free or intercourse should free! Rebbi Yudan said, I confirmed it following “If somebody married his sister-in-law and she turns out to be pregnant”, as you say there, the co-wife should not marry until she knows by which means she is permitted, whether through the fetus or through intercourse; so here also the co-wife should not marry until she knows by which means she is permitted, whether through ḥalîṣah or through intercourse.
If the first [sister] had a co-wife, he can marry the co-wife, keep his wife, but the second [sister] is forbidden to him. That is “the sister of the co-wife of one for whom he performed ḥalîah is permitted to a person.” Should the co-wife not be forbidden to him as co-wife of the sister of one for whom he performed ḥalîṣah? Rebbi Yudan said, if he wanted to have intercourse with the co-wife before he married, would he not have been permitted? At the start, he is permitted; at the end, he is prohibited? If you say so, you are making a co-wife after death and there can be no co-wife after death.
If the first [sister] had a co-wife, he can marry the co-wife, keep his wife, but the second [sister] is forbidden to him. That is “the sister of the co-wife of one with whom he performed ḥalîṣah is permitted to a person.” Should the co-wife not be forbidden to him as co-wife of a relative of one with whom he performed ḥalîṣah? Rebbi Yudan said, if he wanted to have intercourse with the co-wife before he married, would he not have been permitted? At the start, he is permitted; at the end, he is prohibited? If you say so, you are creating a co-wife after death and there can be no co-wife after death.
Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is even in this “his wife with him and the other one should leave as the wife’s sister”? He said, the House of Shammai said that only after candidacy and “bespeaking”. But that what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow the House of Shammai.
Rebbi Yudan said, even Rebbi Eliezer agrees. Rebbi Yose said, that is correct. Because, if somebody had children but they died before he died, is his widow not a candidate for levirate? There, if he had children at the moment of death. Here, if they were co-wives after his death.
Rebbi Yudan asked: If he performed ḥalîṣah with a pregnant woman and she had a miscarriage? Let us hear from the following: If somebody died and left a pregnant widow, should I think that she must have recourse to her levir? The verse says, “that his name should not be extinguished from Israel,” only one whose name is extinguished. The verse says, “to establish a name in Israel for his brother,” until you know whether there is a live child or not. I could think that the wife of an eunuch should need levirate, the verse says “that his name should not be extinguished from Israel,” only one whose name is not extinguished; this excludes this one whose name was already extinguished.
HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”
Rebbi Yudan asked: Does this hold until she gives birth? No, even if she had a miscarriage.